Model Papers - Civil Procedure Code- Model Paper 14

1. Which of the following decisions is not a decree ?

  1. Order of abatement suit
  2. Dismissal of appeal as time barred
  3. Rejection of plaint for non-payment of court fee
  4. Order refusing to set aside sale

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2. Mark the incorrect statement:

  1. A civil has jurisdiction to try all suits of civil nature unless barred expressly or impliedly
  2. Consent can confer or take away jurisdiction of a court
  3. A decree passed by a court without jurisdiction is a nullity
  4. Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it

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3. Judgment of a 'Court of Small Causes' may not have:

  1. a concise statement of the case
  2. the point for determination
  3. the decision thereon
  4. all of the above

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4. Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure

  1. bar a fresh suit in respect of the same cause of action
  2. does not bar a fresh suit in respect of the same cause of action
  3. may bring a fresh suit with the leave of the High Court
  4. may bring a fresh suit with the leave of District Judge

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5. Under Order 12, Rule 2 of the Code of Civil Procedure, the time to be given to a party to admit any document when called upon by notice is

  1. 15 days from the date of service of notice
  2. 10 days from the date of service of notice
  3. 7 days from the date of service of notice
  4. 21 days from the date of service of notice

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